What Happens When a Trademark Becomes Generic?

When you think of “aspirin” or “escalator,” you probably don’t think of them as brand names anymore. Yet, once upon a time, they were. A trademark becomes generic when it no longer identifies a specific source or brand but instead refers to a general type of product or service in the eyes of the public. In legal terms, this is known as genericide, and it’s a serious issue for trademark owners.

A trademark’s primary function is to distinguish the goods or services of one company from those of another. If the mark becomes synonymous with the product itself rather than the producer, it loses its legal protection. Once that happens, competitors are free to use the term, and the original trademark owner can no longer enforce exclusive rights. This process can unfold gradually, often without the owner realizing how widespread the misuse has become.

Protecting a trademark from genericide requires vigilance. Business owners need to actively educate consumers and enforce proper use of their mark. Otherwise, the value of the trademark could erode over time, leaving the company vulnerable in a competitive market.

How Does a Trademark Become Generic?

You might wonder how a distinctive trademark could lose its legal status. It doesn’t happen overnight. Typically, it occurs when the public starts using the brand name to describe a category of products rather than a specific brand. For example, “thermos” was once a protected trademark, but over time, people used it to describe any vacuum flask, regardless of the manufacturer.

There are several contributing factors. One is a lack of consistent enforcement by the trademark owner. If businesses fail to correct misuse in advertising, media, or public discourse, the name can slip into common language. Another factor is marketing. Ironically, aggressive marketing that emphasizes a product’s ubiquity can backfire, encouraging consumers to use the brand name generically.

Legal issues can also play a role. Competitors may petition to cancel a trademark on the grounds that it has become generic, leading to costly litigation. Courts consider evidence such as dictionary definitions, consumer surveys, and the term’s use in media to determine whether a trademark has crossed that line.

Can a Business Prevent Its Trademark From Becoming Generic?

Fortunately, trademark owners are not powerless. Proactive measures can make a significant difference in preserving a trademark’s strength and exclusivity. One key strategy is using the trademark as an adjective, not a noun or verb. For instance, saying “Kleenex tissues” instead of just “Kleenex” reinforces the idea that it’s a brand of tissue rather than the product itself.

Additionally, companies should educate both consumers and employees on the proper use of the trademark. Clear guidelines for advertising partners, press outlets, and retailers can help prevent misuse. Legal enforcement also matters. If another business uses the trademark incorrectly, sending cease and desist letters or pursuing legal action shows that the owner is serious about protecting the mark.

You should also strongly consider working with an intellectual property lawyer. Your lawyer can monitor potential infringements, draft licensing agreements, and provide guidance on how to best protect your trademark.

In the end, a trademark is more than a symbol or a word; it’s a valuable business asset that deserves protection. If you’re concerned about protecting your intellectual property, reaching out to Lemler IP and speaking with a knowledgeable New Orleans, Louisiana intellectual property attorney can help you develop a strategy that keeps your brand strong, distinctive, and enforceable for years to come.